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Post by Finnish Gas on May 27, 2014 20:20:23 GMT
The 2 scenarios
Scenario A
1. In determining the Wycombe Wanderers and Third Party Investment appeal case raised by Bristol Rovers the FA fail to provide a solution which saves Rovers being relegated into the Conference.
2. Rovers then serve an injuction which prevents the Football League publishing its fixtures until Rovers have completed their Appeal process.
3. Rovers next take the issue to the European Court of Arbitration for Sport on the grounds that the FA at their Regulatory Commision meeting on 9 April 2004 did not act in accordance with their constitution.
4. The Court of Arbitration for Sport uphold Rovers appeal and decree that the club's relegation is unsound and that they should be reprieved.
5. At a late stage Rovers are added as a 25th team to League 2 causing chaos with the FL fixtures which are at long last released.
Scenario B
1. When assessing the the Wycombe Wanderers and Third Party Investment appeal case raised by Bristol Rovers the FA are aware that if they do not reprieve Rovers the club will serve an injunction which prevents the Football League publishing its fixtures before taking the matter to the European Court of Arbitration for Sport.
2. The FA and the Football League will also be aware and concerned about the chaos caused to the publishing of the Football League fixtures by such a delay - including delays in revenue streams - covering football pools, betting, tv match schedules etc.
3. The FA decide to relegate Wycombe Wanderers for serious breach of rules (and at the same time avoid the inevitable fixture chaos).
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Post by Topper Gas on May 27, 2014 20:39:03 GMT
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Post by Deleted on May 27, 2014 20:52:00 GMT
The club should have kept quiet about this and announced it when the outcome is decided, as opposed to injecting us with false hope.Mind you,if somehow this comes off,I will be getting very,very drunk. We call that a sympathy shag in sarf bristol,but the getting drunk part happens beforehand.
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Post by BishopstonBRFC on May 27, 2014 21:02:37 GMT
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Post by Strange Gas on May 27, 2014 21:03:07 GMT
Based on quick read of that letter, I'd have thought the recipients would need to reply fast at the very least to either kick into touch or say "you do have a point". They can't possibly leave this to fester can they? I hold out very little hope it will change things for us, but will be interesting week!
[Edit] Sorry - just seen Wycombe's response. Expect similarly swift response from recipients in morning?!
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Post by Finnish Gas on May 27, 2014 21:04:28 GMT
Wycombe Wanderers have issued the following statement into Bristol Rovers’ allegations of a breach in rules on Third Party Ownership.We will, as always, fully cooperate with the Football League and the Football Association in any investigation into this matter, but we are fully confident that there is no case to answer. There will be no further comment from the club at this stage. www.wycombewanderers.co.uk/news/article/club-respond-to-rovers-allegations-1575809.aspx
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Post by Topper Gas on May 27, 2014 21:17:01 GMT
Bearing in mind they've already been fined I'm not sure the "no case to answer" defence is a valid response?
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Post by Finnish Gas on May 27, 2014 21:19:13 GMT
Bristol Rovers make Wycombe Wanderers 'breach' complaintBristol Rovers are to lodge a complaint to the Football League and Football Association over an alleged breach of third-party ownership rules by Wycombe. Last week, Wycombe were fined £10,000 for a breach of FA rules over the sale of Matt Phillips to Blackpool in 2010. However, that charge was relating to breaking rules regarding agents and not third-party ownership. The two sides finished level on points in League Two this season, with Rovers relegated on goal difference. Wycombe were found guilty of agreeing to pay an agent through a future sell-on clause of winger Phillips. The agent involved, Phil Smith, was banned for two years - 18 months of which was suspended. Phillips joined Blackpool for £325,000 from Wycombe in 2010 and moved to QPR last year, which is when the offence came to light. In a statement, Bristol Rovers said the infringement "led to Wycombe wrongfully obtaining a competitive advantage over Bristol Rovers". It added: "Without this, Wycombe rather than Bristol Rovers could have been relegated." A Wycombe statement said: "We will, as always, fully cooperate with the Football League and the Football Association in any investigation into this matter, but we are fully confident that there is no case to answer." www.bbc.co.uk/sport/0/football/27589873
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Post by Finnish Gas on May 27, 2014 21:22:16 GMT
Ciderspace - Yeovil Town viewConference National side Bristol Rovers have launched a bizarre attempt to regain their Football League status today, three weeks after they were relegated on the final day of the 2013-14 season. The Gas are planning to complain to both the Football Association and the Football League in an attempt to gain Wycombe Wanderers a points deduction that would see them relegated instead of Rovers. The Chairboys survived on goal difference on the final day of the season and as a result were the club immediately above the dotted line in the League Two table. The action planned by Rovers stems from a recent FA disciplinary case involving former winger Matt Phillips who now plays for Queens Park Rangers in the Championship. Wanderers were fined £10,000 by the FA last week after they were found guilty of arranging a payment to a football agent based on a sell-on clause that had been built into the sale of Phillips. Rovers are complaining on the basis that "this led to Wycombe wrongfully obtaining a competitive advantage over Bristol Rovers. Without this, Wycombe rather than Bristol Rovers could have been relegated", so their statement reads. Where this starts to unravel somewhat is that this illicit transfer agreement for Phillips was set up in August 2010, when he was transferred to Blackpool for £350,000, whilst Wycombe were under previous ownership. The matter came to light only three years later when Phillips moved from Blackpool to Queens Park Rangers, when the agent concerned attempted to recoup the 'sell on clause'. Wycombe, by now under new ownership via their Supporters Trust, instead brought the issue to the attention of the FA in September 2013. They have admitted the charge, and have accepted the fine. Bristol Rovers, in their statement, imply that the FA have yet to pass judgement on the matter, claiming that "the breach, if proven, would have almost certainly led to a points deduction" - the case has already been heard, the breach was proven, but no points deduction was invoked. Given Wycombe have chosen not to appeal against the decision, the FA now consider the matter to be closed. Rovers claim that Wycombe gained a "competitive advantage" as part of the incident. At a stretch, it's possible that they may have done so during the 2010-11 season, given that at that time they agreed an agency fee that could not - within FA rule - be paid three years later. However, it is rather fanciful to believe that Wycombe's player sale at the beginning of the 2010-11 season was the reason why Bristol Rovers got relegated at the end of the 2013-14 season - four complete seasons later. The statement from Bristol Rovers claims that Wycombe's breach relates to 'Third Party Ownership' - an evocative term given its connection with the past Carlos Tevez affair. Media reports at the time indicate that Wycombe's fine was for a breach of Rule C2 of the Football Agents Regulations, which concerns the concealment or misrepresentation of transactions relating to agents - i.e. the inference that the payment was not properly declared. Rovers also infer that there may be "possibly other players" involved, but the FA's now closed case only relates to Phillips' transfer. Wycombe have sensibly chosen to go for an ultra-brief response to Rovers' plans, putting out their own counter-statement on the subject: "We will, as always, fully cooperate with the Football League and the Football Association in any investigation into this matter, but we are fully confident that there is no case to answer. There will be no further comment from the club at this stage." www.ciderspace.co.uk/ASP/news/news.asp?NewsItemId=21763
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Post by Finnish Gas on May 27, 2014 21:32:26 GMT
BREAKING: Bristol Rovers to mount legal challenge on relegationBy TristanCork | Posted: May 27, 2014 Bristol Rovers are to mount an official complaint to football authorities that they should not be relegated out of the league - because their rivals Wycombe Wanderers 'gained an unfair advantage'. The Pirates will call for Wycombe to have a points deduction rather than a £10,000 fine handed to them last week over contract irregularities that breached the game's rules over Third Party Ownership. In a statement released on Rovers' website, the club said it has engaged specialist sports lawyers to draft the challenge which, if successful, would see Wycombe sent to the non-league Football Conference instead of Rovers. Bristol Rovers were relegated on goal difference below Wycombe after a last-day home defeat, so any points deduction would send Wycombe down instead of the Gas. The row centres on a £10,000 fine handed out to Wycombe last week over a breach of league rules concerning a transfer that took place four years ago. Wycombe sold Matt Phillips to Blackpool in 2010, but wrote a clause in the deal which would see his agent Phil Smith take a cut of any future sell-on fee. Technically, that breaches the Third Party Ownership rules set up by the FA in the wake of the Javier Mascherano and Carlos Tevez deals that landed West Ham United in hot water a decade ago. Those two Argentinian players played for West Ham while still owned by a third party back in South America, and Tevez in particular saved the Hammers from relegation. Sheffield United, who were relegated that year, sued when the FA did not give West Ham a points deduction, and after a long legal battle, West Ham had to pay the Yorkshire club millions in compensation. While on a smaller scale, Rovers believe the breach of rules by Wycombe could be enough to tip the balance in their relegation fight. The £10,000 fine to the club was accompanied by a two-year ban for the agent, 18 months of which was suspended. Wycombe have changed owners since that breach on the Phillips transfer, which may have been why they were not docked points. Rovers' statement read: "It has come to the attention of Bristol Rovers FC that Wycombe Wanderers FC appear to have breached FA rules on Third Party Ownership. "Its current Chairman, in giving evidence at a recent FA Disciplinary Hearing, appears to have admitted a serious breach in respect of the player, Matt Phillips (and possibly other players). "The result of this led to Wycombe wrongfully obtaining a competitive advantage over Bristol Rovers. "Without this, Wycombe rather than Bristol Rovers could have been relegated. "Bristol Rovers were relegated merely on goal difference, and as the breach, if proven, would have almost certainly led to a points deduction, Bristol Rovers have instructed specialist sports lawyers together with Nick De Marco, a leading sports barrister, to draft and send a complaint to both The Football League and The Football Association," it added. Read more at www.westerndailypress.co.uk/BREAKING-Bristol-Rovers-mount-legal-challenge/story-21148086-detail/story.html
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Post by Strange Gas on May 27, 2014 21:32:53 GMT
What is "interim relief"?
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Post by Quartermaster on May 27, 2014 22:37:35 GMT
Just had a quick read of a couple of league and conference Facebook pages and one thing is for sure, this has been a very effective way of losing friends and becoming disliked in a few short hours. I don't see us shaking off the bad reputation from this for some time either, especially if we're successful, but probably if we're not too!
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Post by Hugo Admin on May 27, 2014 22:43:07 GMT
Doesn't surprise me to be honest Quartermaster we deserved relegation in my opinion on the balance of the season. Don't know how Id feel tbh if we got our place back because of this. Not ideal but you got to play by the rules. Doesn't matter now though, the damage is done already, its out there now. Might as well hope for the best.
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Post by Hugo Admin on May 27, 2014 22:45:03 GMT
Wouldn't hear me complaining about Wycombe being shafted though.
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Post by Quartermaster on May 27, 2014 22:53:30 GMT
Wouldn't hear me complaining about Wycombe being shafted though. That's the thing, it does give it all a bit of an extra edge as it's them! They're spitting feathers on their forum as far as I can see (one of those horrible to navigate ones). To be expected I suppose, but as it's them I felt less sympathy than I think I would have if it were a 'nothing' club. As you say the damage is done now so let's see where it takes us.
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Post by Deleted on May 27, 2014 23:18:56 GMT
#BristolRovers were deducted 2 points in the 1981-82 season fielding ineligible player. t.co/yIIoyjRHdh #PRECIDENT I take back my previous condemnation. There is a case to answer & if we found out about this next season & that the politburo did nothing then I guess we would think WTF,why did we not at least try to have a go. It seems that Wycombe have had some 1.2 million not included in the FFP that should have been. The FL have not yet been involved so both FA and FL will now have to redress this. Good luck Rovers
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Post by outsidehitter30 on May 27, 2014 23:35:47 GMT
I was Missing the TRASH thread after we won that case.
Finnish glad to have you back in your element! Good Work So Far:
As I See it In Summary:
A) WWFC Broke rules on Transfer in 2010 - 10k fine. Job Done B) WWFC did not declare profit from sell-on clause THIS Season. (1.15m)? They have a case to Answer? C) WWFC have three players on third party contracts THIS Season. They have a case to Answer? D) WWFC by NOT Declaring sell-on clause have breached FFFP Rules. They have a case to Answer? E) FA Have implemented fine against WWFC from breach of third party Rules in one case what about the other three? They have a case to Answer? F) FA have not followed there own procedures & protocol regarding 3rd party notifications & rule breaks. They have a case to Answer? G) Why have the FA not followed the president by previous cases ie (Teviz / West Ham)? They have a case to Answer? H) Why have FA not implemented a transfer embargo on WWFC when they discovered breach of Rules set out in (A) above. They have a case to Answer?
Rovers are right to pursue this. They may get re-instated. They may get compensation. They may get nothing.
Nothing to lose here.
Thinking about it, I now think the THREAT of an Injunction against the fixtures being released is a card we are likely to see played out in court.
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Post by Deleted on May 27, 2014 23:38:57 GMT
I was Missing the TRASH thread after we won that case. Finnish glad to have you back in element! Good Work So Far: As I See it In Summary: A) WWFC Broke rules on Transfer in 2010 - 10k fine. Job Done B) WWFC did not declare profit from sell-on clause THIS Season. (1.15m)? They have a case to Answer? C) WWFC have three players on third party contracts THIS Season. They have a case to Answer? D) WWFC by NOT Declaring sell-on clause have breached FFFP Rules. They have a case to Answer? E) FA Have implemented fine against WWFC from breach of third party Rules in one case what about the other three? They have a case to Answer? F) FA have not followed there own procedures & protocol regarding 3rd party notifications & rule breaks. They have a case to Answer? G) Why have the FA not followed the president by previous cases ie (Teviz / West Ham)? They have a case to Answer? H) Why have FA not implemented a transfer embargo on WWFC when they discovered breach of Rules set out in (A) above. They have a case to Answer? Rovers are right to pursue this. They may get re-instated. They may get compensation. They may get nothing. Nothing to lose here. Thinking about it I now think the THREAT of an Injunction against the fixtures being released is a card we are likely to see played out in court. Great post and summary
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Post by mehewmagic on May 27, 2014 23:40:30 GMT
I wish things like this didn't need to happen, but if (BIG if!) WWFC did have any dodgy goings on LAST season then surely you would expect any Board to question it. I think we all need to just see what comes out in the wash.
The BRFC letter to the FL seems to suggest it is all about the way any sell-on clause profit was being dealt with by WWFC and the involvement of its previous owner. Matt Phillips was indeed sold on last season (23rd August 2013) to QPR so it seems fair to assume that there is an issue to look into here. Whether it is a substantial issue is another question of course.
None of this extra info was known until recently so it seems like the Board were not tardy in questioning this. The letter also writes "of at least one player", so BRFC are presumably hoping others may have been involved and can smoke some more breaches out during an investigation.
I get a feeling that (a) WWFC have made an real enemy in the agent they hung out to dry, (b) WWFC are in a general pickle (remember what their fans were saying the day we beat them! they were in a mini meltdown themselves), and (c) BRFC are angling to get some money at least. The word 'Tevez' always brings money [cough...], I mean tears to my eyes.
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Post by mehewmagic on May 28, 2014 0:00:59 GMT
I hate to quote the Daily Scum, but WWFC have made themselves a rather rich / powerful enemy... www.dailymail.co.uk/sport/football/article-2634540/Top-agent-slams-FA-receiving-six-month-ban-Matt-Phillips-dealings.html#ixzz32xoDlellTop football agent Phil Smith has slammed the FA for banning him for six months, describing the punishment as ‘completely out of proportion’. Smith, whose First Artists agency has been one of the leading football businesses for over two decades, has been banned for two years, with 18 months suspended, for third-party ownership breaches. The FA decision prevents him from working during the transfer window this summer, which promises to be highly lucrative with Premier League clubs expected to spend a record sum. Smith worked for Wycombe Wanderers in negotiating striker Matt Phillips’ move to Blackpool for £350,000 in 2010, with the selling club wanting to pay him a proportion of their 25 per cent sell-on arrangement rather than a straight agent’s commission. However the FA vetoed Wycombe’s proposal. But when Smith went back to Wycombe after Phillips’ £6million transfer to QPR last August, the club had changed ownership. And instead of recompensing Smith for his original work, the agent was reported to the FA. Smith said: ‘It’s ridiculous that I have been given such a ban when it was Wycombe who wanted to pay me that way. I earned nothing for this assistance, Wycombe earned in excess of £550,000. Yet the FA, in their supposed wisdom, felt I acted beyond the agent’s charter. ‘The FA are happy to apply their heavily over-staffed and hugely unsuccessful compliance department to punish those who try to help our game maximise its assets. I’ve been made a scapegoat for the FA failing to nail any proper third-party transactions involving a lot of money.’
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